How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask xavierjd Your Own Question

xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
14261217
Type Your Family Law Question Here...
xavierjd is online now
A new question is answered every 9 seconds

Im in the beginning stages of a divorce. My kids are 15 and

Customer Question

I'm in the beginning stages of a divorce. My kids are 15 and 17. I have stated to both kids that I would respect there choice of which parent they wish to be with. My spouse however has insisted that they want both kids and they don't have a choice.

My 17 year old has told my spouse that they wish to live with me. The spouse has stated that the 17 has no choice and will go with them.

What rights does my 17 year old have with where they want to reside?
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

Where does your 15 year old want to live?

Thanks
Customer: replied 1 year ago.

my spouse

Expert:  xavierjd replied 1 year ago.
Hi,

Thanks for the information.

I want to look up a couple of things for you. I will be back with an answer for you asap.

Thanks for your patience.
Customer: replied 1 year ago.


Ok thanks

Expert:  xavierjd replied 1 year ago.
There are lots of considerations that the Court’s look at when determining a child custody decision. All of the considerations fall under the umbrella that is "what is in the best interest of the children" and what will promote the children’s happiness and welfare. However, the Court analyzes various sub-factors including but not limited to:
  • Which parent was traditionally the primary caregiver to the children
  • The availability of each parent to spend time and care for the children
  • The willingness of each parent to co-parent and share information with the other parent
  • The willingness of each parent to foster the children’s relationship withe the other parent
  • The ability of each parent to provide for the intellectual and emotional needs of the children
  • The nature and quality of each parent’s home environment
  • The children’s preference (usually only considered when a child is old enough to make a rational determination)
  • The quality of care each parent provides the children
  • The stability of the home life of each parent
  • Abuse, neglect, and domestic violence history for each parent
  • Alienation of the other parent and/or interference with the other parent’s visitation
  • Alcohol and drug abuse
  • Age and health of the parents
  • Mental and emotional stability of the parents
  • Ability of parent to NOT involve the children in the marital conflict and custody case
  • Courts favor children continuing to reside with their siblings

In New York, an 18 year old person no longer subject to an order of custody. S/he can choose where s/he wants to live. Moreover, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable. The preference of the child is considered, as it may indicate which parent has bonded more with the child.

 

So, if your 17 year old wants to live with you, it is likely that the court will give his/her preference a great deal of consideration. Moreover, if your 17 year old is going into his/her senior year of high school, it is unlikely that the court will want to make him/her change schools--especially if your spouse lives in a different school district than you do.

 

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

 

Customer: replied 1 year ago.

I see that in your response you have the following:


Courts favor children continuing to reside with their siblings


 


While the main reason for my 17yo wanting to be with me is our


relationship we have, but they also would rather not remain with my 15yo.... That has been strained for a long time between the two of them.


 


Would this be considered as well?

Expert:  xavierjd replied 1 year ago.
Hi,

The Court will certainly take the relationship between the siblings into consideration when determining custody.

If the relationship between the siblings is strained, that may give the Court even more reason to allow your 17 year old to live with you and your 15 year old to live with your spouse. If it becomes necessary, the judge may interview the children as to each of their preferences as to who they want to live with and why.

Moreover, the closer that your 17 year old is to 18 before the divorce is finalized, there will really be no reason for him/her not to continue to reside with you.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!


xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and 7 other Family Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.

Hi,

Thank you so much for the "excellent service" rating and the GENEROUS bonus! Both are greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again, and good luck!

xavierjd

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 
Chat Now With A Family Lawyer
xavierjd
xavierjd
163 Satisfied Customers
20 yrs exp. in divorce, custody, visitation & support .